Utah Code 32B-4-404. Unlawful sale, offer for sale, or furnishing to intoxicated person
Current as of: 2024 | Check for updates
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(1) A person may not sell, offer for sale, or furnish an alcoholic product directly to:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
class A misdemeanor | up to 364 days | up to $2,500 |
class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 32B-4-404
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Furnish: includes to:(47)(b)(i) serve;(47)(b)(ii) deliver; or(47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) a person who is actually or apparently intoxicated; or(1)(b) a person whom the person furnishing the alcoholic product knows or should know from the circumstances is actually or apparently intoxicated.(2)(2)(a) A person who negligently or recklessly violates Subsection (1) is guilty of a class B misdemeanor.(2)(b) A person who knowingly violates Subsection (1) is guilty of a class A misdemeanor.(3) As used in Subsection (2)(a), “negligently” means with simple negligence.